NAVEEN CHANDRA JOSHI Vs. GIRISH CHANDRA JOSHI

JUDGEMENT

(1.) The petitioner before this Court has challenged the order of the Rent Control & Eviction Officer which has been passed under Section 18(3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short 'U.P. Act No. 13 of 1972').

(2.) The premises in question is situated at Mall Road, Nainital (Shop No. 5 Bank House, G.P. Pant Road). The respondents are the landlords of the property in question. In 1992 the proceeding of allotment of the premises was started. The shop was allotted to the petitioner under Section 16 of the U.P. Act No. 13 of 1972 on 17.01.2007. This allotment was challenged by the landlord in revision and the same was allowed and the allotment was held to be bad. Against the said order the petitioner filed writ petition before this Court which was dismissed vide order dated 12.08.2011 whereby this Court directed the Prescribed Authority/Rent Control & Eviction Officer to initiate de novo proceeding to declare vacancy.

(3.) The Rent Control and Eviction Officer has held that since the very allotment in favour of the petitioner was bad, it is directed that the petitioner shall handover the possession of the premises to the landlord and thereafter the landlord shall move an application under Section 15(1) of the U.P. Act No. 13 of 1972 for entering the vacancy and thereafter initiate the proceedings for release and allotment, as the case may be. It is this order which is challenged by the petitioner before this Court.